All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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69.

The type of disablement envisaged under the Employees Compensation Act that reduces the capacity to work in any employment similar to that the worker was performing at the time of the accident is referred to as

A: Permanent partial disablement
B: Permanent total disablement
C: Temporary disablement
D: Temporary total disablement

The answer is: A

Explanation

The correct option is A: Permanent partial disablement.

This is because according to Section 2(1)(g) of the Employees Compensation Act, 1923, permanent partial disablement means such disablement of a permanent nature, as reduces the earning capacity of a workman in every employment which he was capable of undertaking at the time of the accident resulting in the disablement. This means that if a worker suffers an injury that affects his or her ability to perform any work similar to the one he or she was doing at the time of the accident, then it is considered as permanent partial disablement. For example, if a worker loses a finger or an eye in an accident, then he or she may not be able to do the same kind of work as before, but may still be able to do some other kind of work. In such cases, the worker is entitled to receive compensation based on the percentage of loss of earning capacity as specified in Schedule I of the Act.

Option B is incorrect because permanent total disablement means such disablement of a permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement. This means that if a worker suffers an injury that renders him or her unable to do any kind of work at all, then it is considered as permanent total disablement. For example, if a worker becomes paralysed or blind in an accident, then he or she may not be able to do any work at all. In such cases, the worker is entitled to receive compensation equal to 60% of his or her monthly wages multiplied by the relevant factor or Rs. 1,20,000, whichever is more.

Option C is incorrect because temporary disablement means a disablement which temporarily incapacitates a workman from undertaking the work in which he was engaged at the time of the accident resulting in the disablement. This means that if a worker suffers an injury that affects his or her ability to work for a limited period of time, then it is considered as temporary disablement. For example, if a worker fractures a bone or suffers a burn in an accident, then he or she may not be able to work for some weeks or months. In such cases, the worker is entitled to receive compensation equal to 25% of his or her monthly wages for the period of his or her disablement or one year, whichever is less.

Option D is incorrect because there is no such term as temporary total disablement under the Employees Compensation Act, 1923. The Act only distinguishes between permanent and temporary disablement, and between total and partial disablement. Therefore, option D is not a valid option.